Carden v. Howell et al (INMATE 3)
| Shane Eugene Carden |
| Michael Howell and State of Alabama |
| 2:2023cv00571 |
| September 28, 2023 |
| US District Court for the Middle District of Alabama |
| Stephen Michael Doyle |
| Emily C Marks |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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Filing 11
ORDER: This case is before the court on a pro se petition for habeas corpus relief under 28 U.S.C. 2241 filed by Shane Eugene Carden, an Alabama pretrial detainee incarcerated in the Coosa County Jail. Doc. #1 . This court does not deem it appropriate to rule on Carden's claim without first requiring that he exhaust state court remedies. Further, this court should abstain from now considering Carden's claims out of deference to the state courts. Accordingly, it is ORDERED that by 11/28/2023, Carden shall SHOW CAUSE why his habeas corpus petition should not be dismissed for failure to exhaust his state court remedies and to allow him to exhaust those remedies. Signed by Magistrate Judge Stephen Michael Doyle on 11/14/2023. (dmn, )
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Filing 10
ANSWER to Complaint by Michael Howell, State of Alabama. (Attachments: #1 Exhibit A - Case Detail Report, CC-22-000104.00, #2 Exhibit B - Case Detail Report, CC-22-000071.00, #3 Exhibit C - Case Detail Report, CC-22-000072.00, #4 Exhibit D - Case Detail Report, CC-22-000102.00, #5 Exhibit E - Case Detail Report, CC-22-000073.00, #6 Exhibit F - Alabama Uniform Arrest Report, #7 Exhibit G - Conviction Report, Assault, First Degree, #8 Exhibit H - Conviction Report, Destruction of State Property, #9 Exhibit I - Judicial Detailing Order, Judge Ben A. Fuller, #10 Exhibit J - Defense Motion for Psychiatric Exam, #11 Exhibit K - Order Scheduling Motion Hearing, #12 Exhibit L - Order for Consolidation of Cases, #13 Exhibit M - Defense Motion to Withdraw, #14 Exhibit N - Order Continuing Trial and Allowing Counsel to Withdraw, #15 Exhibit O - Order Appointing Replacement Counsel, #16 Exhibit P - Order Withdrawing from Case and Request for Judicial Reassignment, #17 Exhibit Q - Judicial Detailing Oder, Judge Silbey G. Reynolds)(Owen, John)
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Filing 9
AO FORM 85 sent to counsel for Michael Howell, State of Alabama. NOTICE TO COUNSEL: If the parties wish to consent to the jurisdiction of a US Magistrate Judge, counsel is required to print, sign and mail this form to all parties/counsel in this case. This form should not be returned to the Clerk's Office unless all parties have consented. (dmn, )
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Filing 8
NOTICE of Appearance by John Elliott Owen on behalf of Michael Howell, State of Alabama (Owen, John)
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Filing 7
Corporate/Conflict Disclosure Statement by Michael Howell, State of Alabama. (Owen, John)
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Filing 6
Return Receipt Card showing service of #5 Order and #1 Petition signed by Jennifer Tindall for Michael Howell, Sheriff served on 10/12/2023, answer due 11/2/2023. (dmn, )
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Filing 5
ORDER TO ANSWER habeas petition on 11/2/2023 as further set out in the order. The Clerk of Court is DIRECTED to mail a copy of the petition (Doc. #1 ) and this Order to the Attorney General of the State of Alabama and cause a cop of the same to be served upon the warden of the facility where Petitioner is detained. The Clerk is DIRECTED not to accept any document submitted by Petitioner that does not comply with the FRCP and this Order. Copy mailed to petitioner; mailed CMRRR w/copies of petition (Doc. #1 ) to Sheriff & Attorney General for the State of Alabama. Signed by Magistrate Judge Stephen Michael Doyle on 10/5/2023. (dmn, )
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Filing 4
ORDER: Upon consideration, it is ORDERED that Petitioner's application for leave to proceed in forma pauperis (Doc. #3 ) is GRANTED. Signed by Magistrate Judge Stephen Michael Doyle on 10/5/2023. Furnished Cashier. (dmn, )
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Filing 3
Application to Proceed Without Prepayment of Fees and Affidavit by Shane Eugene Carden. (Attachments: #1 Coosa Co. Sheriff's Office Customer QuickReport)(amf, )
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Filing 2
ORDER: it is: ORDERED that by 10/13/2023, Petitioner must either submit the $5.00 filing fee or file the appropriate affidavit supporting a motion for leave to proceed in forma pauperis including a prison account statement, as further set out in order; DIRECTED the Clerk to send Petitioner a form for use in filing a motion to proceed in forma pauperis. Signed by Magistrate Judge Stephen Michael Doyle on 9/29/2023. (IFP form mailed as directed) (Furnished: Cashier)(amf, )
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Filing 1
PETITION for Writ of Habeas Corpus, filed by Shane Eugene Carden.( NO IFP; NO FILING FEE) (hrr, )
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